AD 2007-04-16

[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Rules and Regulations]
[Pages 7572-7576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-2644]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20351; Directorate Identifier 2003-NM-269-AD; 
Amendment 39-14948; AD 2007-04-16]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Boeing Model 767 airplanes. This AD requires an inspection of each main 
tank fuel boost pump for the presence of a pump shaft flame arrestor, 
and if the flame arrestor is missing, replacement of that pump with a 
pump having a pump shaft flame arrestor. This AD also requires 
repetitive measurements of the flame arrestor's position in the pump, 
and corrective actions if necessary. This AD also requires the 
replacement of the pump with a new or modified pump, which ends the 
repetitive measurements. This AD results from reports that certain fuel 
boost pumps may not have flame arrestors installed in the pump shaft 
and reports that the pin that holds the flame arrestor in place can 
break due to metal fatigue. We are issuing this AD to prevent the 
possible migration of a flame from a main tank fuel boost pump inlet to 
the vapor space of that fuel tank, and consequent ignition of fuel 
vapors, which could result in a fire or explosion.

DATES: This AD becomes effective March 23, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of March 23, 
2007.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Judith Coyle, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6497; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> 
or in person at the Docket Management Facility office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The Docket 
Management Facility office (telephone (800) 647-5227) is located on the 
plaza level of the Nassif Building at the street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to all Boeing 
Model 767 airplanes. That supplemental NPRM was published in the 
Federal Register on July 6, 2006 (71 FR 38304). That supplemental NPRM 
proposed to require an inspection of each main tank fuel boost pump for 
the presence of a pump shaft flame arrestor, and if the flame arrestor 
is missing, replacement of that pump with a pump having a pump shaft 
flame arrestor. That supplemental NPRM also proposed to require 
repetitive measurements of the flame arrestor's position in the pump, 
and corrective actions if necessary. That supplemental NPRM also 
proposed to require the replacement of the pump with a new or modified 
pump, which ends the repetitive measurements.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request for Clarification of Replacement Requirement

    The Air Transport Association (ATA) of America, on behalf of one of 
its member operators, Delta Air Lines, requests that we explain why we 
propose to require replacing the pump shaft without including the 
option of replacing the shaft pin or periodically inspecting the pin. 
Delta states that replacing the entire shaft would be at a considerable 
cost and that a more cost-effective solution would be to develop a pin 
replacement repair.
    We acknowledge that it may be possible to develop a more cost-
effective solution than the replacement specified in this AD. However, 
the manufacturer has developed only a single design solution 
(replacement of the pump shaft) to fully address the identified unsafe 
condition specified in this AD. We have mandated this terminating 
action because we can better ensure long-term continued operational 
safety by design changes to remove the source of the problem, rather 
than by repetitive inspections. We also recognize that alternative 
methods of compliance (AMOCs) that meet the intent of this AD may also 
exist; operators may request an AMOC in accordance with the procedures 
specified in paragraph (l) of this AD. We have not revised this AD in 
this regard.

Request To Remove Terminating Action Requirement

    Delta Air Lines requests that we do not mandate the terminating 
action specified in paragraph (i) of the supplemental NPRM that would 
require replacing the pump within 36 months. Delta Air Lines states 
that if the 6,000-flight-hour or 24-month repetitive interval specified 
in paragraphs (f) and (g) of the supplemental NPRM provide an 
acceptable level of safety, then the repetitive interval should be 
adequate until an operator can schedule the terminating action 
specified in paragraph (i) of the supplemental NPRM, if desired.
    We do not agree to remove the requirement to do the terminating 
action specified in paragraph (i) of this AD. We can better ensure 
long-term continued operational safety by modifications or design 
changes to remove the source of the problem, rather than by repetitive 
inspections/testing. Long-term inspections/testing may not provide the 
degree of safety necessary for the transport airplane fleet. This, 
coupled with a better understanding of the human factors associated 
with numerous repetitive inspections, has led us to consider placing 
less emphasis on special procedures and more emphasis on design 
improvements.
    We developed the 36-month compliance time for the replacement in 
accordance with manufacturer recommendations and we considered the 
urgency associated with the subject unsafe condition, the availability 
of required parts, and the practical aspect of accomplishing the 
required modification within a period of time that corresponds to the 
normal scheduled maintenance for most affected operators. However, 
according to the procedures specified in paragraph

[[Page 7573]]

(l) of this AD, we may approve requests to adjust the compliance time 
if the request includes data that substantiate that the new compliance 
time would provide an acceptable level of safety. We have not revised 
this AD in this regard.

Request To Coordinate With Pending Related Actions

    ATA, on behalf of one its member operators, Delta Air Lines, 
requests that the supplemental NPRM be coordinated with any action that 
may be pending to address the fuel pump feed-through connector in order 
to avoid more pump removals than are required to accomplish both 
actions. Delta Air Lines believes that Boeing Alert Service Bulletins 
767-28A0095 and 767-28A0096, both dated September 15, 2005, which 
address the fuel pump feed-through connector, could be done 
concurrently with this supplemental NPRM.
    We acknowledge that coordinating the actions in this AD with the 
actions specified in Boeing Alert Service Bulletins 767-28A0095 and 
767-28A0096 may reduce the number of pump removals. However, we have 
not yet issued any AD rulemaking related to those service bulletins, 
and to delay this action would be inappropriate, since we have 
determined that an unsafe condition exists and the requirements of this 
AD must be done to ensure continued operational safety. We are 
considering AD rulemaking related to Boeing Alert Service Bulletins 
767-28A0095 and 767-28A0096, and we are also considering how the 
compliance times specified in this AD will fit with the compliance 
times of that future rulemaking. Operators should note that it is 
always permitted to accomplish the requirements of any AD at a time 
earlier than the specified compliance time. We have not revised this AD 
in this regard.

Request To Add Phrase to Unsafe Condition Statement

    Boeing requests that the phrase ``should the pump inlets become 
uncovered'' be added to paragraph (d) of the supplemental NPRM. The 
commenter notes that the phrase was removed by the FAA in the 
supplemental NPRM because the FAA stated that ``the pump inlet does not 
need to be uncovered for ignited vapors in the pump to cause a tank 
explosion.'' The commenter contends that the fuel pump inlets being 
covered in fuel mitigates the unsafe condition because when the fuel 
pump inlets are covered, the inlets and pump cavity are full of liquid 
fuel in which no flame front could develop.
    We acknowledge the need for clarification of the unsafe condition 
statement. We acknowledge that operation of a fuel pump with its inlet 
below the surface of the fuel in the tank ensures that the ignition 
risk addressed by this AD is eliminated for the majority of the time 
the pump operates. However, ground fuel transfer conditions can lead to 
dry operation of the fuel pump. After the pump inlet is again covered 
by fuel by the addition of fuel to the tank, the pump operates for a 
brief period of time until it is re-primed. During this period of 
operation with the inlet covered by fuel, there is still some risk of a 
tank ignition event if an ignition source generating failure occurs 
within a pump with a missing flame arrestor. Therefore, we have not 
revised this AD in this regard.

Request To Incorporate Service Information

    The Modification and Replacement of Parts Association (MARPA) 
states that typically ADs are based on service information originating 
with the type certificate holder or its suppliers. MARPA also states 
that manufacturer's service documents are privately authored 
instruments generally enjoying copyright protection against duplication 
and distribution. MARPA contends that when a service document is 
incorporated by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51 
into a public document such as an AD, it loses its private, protected 
status and becomes itself a public document. MARPA explains that if a 
service document is used as a mandatory element of compliance it should 
not simply be referenced, but should be incorporated into the 
regulatory document. MARPA states that public laws by definition must 
be public which means they cannot rely for compliance upon private 
writings. MARPA is concerned that failure to incorporate essential 
service information could result in a court decision invalidating the 
AD.
    MARPA also states that incorporation by reference service documents 
should be made available to the public by publication in the Docket 
Management System (DMS) keyed to the action that incorporates them. 
MARPA explains that the stated purpose of the incorporation by 
reference method of the Federal Register is brevity; to keep from 
expanding the Federal Register needlessly by publishing documents 
already in the hands of the affected individuals. MARPA notes that 
traditionally, ``affected individuals'' has meant aircraft owners and 
operators who are generally provided service information by the 
manufacturer. However, MARPA states that a new class of affected 
individuals has emerged since the majority of aircraft maintenance is 
now performed by specialty shops instead of aircraft owners and 
operators. MARPA states that this new class includes maintenance and 
repair organizations (MRO), component servicing and repair shops, parts 
purveyors and distributors and organizations manufacturing or servicing 
alternatively certified parts under section 21.303 (``Replacement and 
modification parts'') of the Federal Aviation Regulations (14 CFR 
21.303). Further, MARPA states that the concept of brevity is now 
nearly archaic as documents exist more frequently in electronic format 
than on paper.
    We acknowledge that the Office of the Federal Register (OFR) 
requires that documents that are necessary to accomplish the 
requirements of the AD be incorporated by reference during the final 
rule phase of rulemaking. This final rule incorporates by reference the 
documents necessary for the accomplishment of the requirements mandated 
by this AD. Further, we point out that while documents that are 
incorporated by reference do become public information, they do not 
lose their copyright protection. For that reason, we advise the public 
to contact the manufacturer to obtain copies of the referenced service 
information.
    In regard to the commenter's request to post service bulletins on 
the Department of Transportation's DMS, we are currently in the process 
of reviewing issues surrounding the posting of service bulletins on the 
DMS as part of an AD docket. Once we have thoroughly examined all 
aspects of this issue and have made a final determination, we will 
consider whether our current practice needs to be revised. No change to 
the AD is necessary in response to this comment.

Request To Comply With FAA Order 8040.2

    The same commenter requests that the supplemental NPRM comply with 
FAA Order 8040.2. The commenter states that for mandatory continuing 
airworthiness information (MCAI) (issued by an aviation authority of 
another country) that require replacement or installation of certain 
parts, the Order allows for replacement of parts approved under section 
21.303 (``Replacement and modification parts'') of the Federal Aviation 
Regulations (14 CFR 21.303) based on a finding of identicality in the 
FAA's AD. The commenter notes that the supplemental NPRM is not from an 
MCAI but believes that the principles of the order should be universal.

[[Page 7574]]

    We do not agree. The supplemental NPRM did not address parts 
manufacturer approval (PMA) parts, as provided in draft FAA Order 
8040.2, because the Order was only a draft that was out for comment at 
the time. After issuance of the NPRM, the Order was revised and issued 
as FAA Order 8040.5 with an effective date of September 29, 2006. FAA 
Order 8040.5 does not address PMA parts in ADs and does not apply to 
domestic ADs. Therefore, we have not revised the AD in this regard.

Request To Address the Use of PMA Parts

    The same commenter also requests that we revise the way we address 
the use of PMA parts in the supplemental NPRM.
    <bullet> The commenter requests that the language in the 
supplemental NPRM be changed to permit installation of PMA equivalent 
parts. The commenter states that the mandated installation of a certain 
part number in the NPRM ``is at variance with the higher authority of 
14 CFR Section 21.303.'' The commenter notes that only safety issues 
can be addressed in airworthiness directives as set forth in Title 49 
and ``the prima facia invalidation of FAR 21.303'' by AD action is an 
economic issue not within purview of the AD.
    <bullet> The commenter contends that it is illogical to require an 
operator to request approval of an AMOC in order to install an 
``equivalent'' PMA part.
    <bullet> The commenter also requests that the supplemental NPRM be 
revised to cover possible defective PMA alternative parts so that those 
defective PMA parts also are subject to the supplemental NPRM.
    <bullet> The commenter also points out that ADs issued by 
directorates other than the Transport Airplane Directorate contain 
wording that address PMA parts and requests that we use the wording 
specified in an AD from the Small Airplane Directorate. The commenter 
notes that because the supplemental NPRM differs markedly in the 
treatment of this issue, the mandates contained in Section 1, paragraph 
(b)(10) of Executive Order 12866 are not being met.
    We recognize the need for standardization on this issue and 
currently are in the process of reviewing such issues that address the 
use of PMAs in ADs at the national level. The Transport Airplane 
Directorate considers that to delay this particular AD action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that replacement of certain parts must be accomplished to ensure 
continued safety. Therefore, we have not revised the AD in this regard.

Clarification of Compliance Time

    Paragraph (f)(2) of the supplemental NPRM specifies a compliance 
time of ``within 365 days after the date on which the airplane 
accumulates 15,000 total flight hours.'' We have revised the compliance 
time specified in paragraph (f)(2) of this AD to ``within 365 days 
after the date on which the airplane accumulates 15,000 total flight 
hours or within 24 months after performing the initial inspection 
required by paragraph (f) of this AD, whichever occurs later.'' We made 
this change in order to give airplanes identified in paragraph (f)(2) 
that reach 15,000 total flight hours shortly after performing the 
initial inspection required by paragraph (f) a similar compliance time 
of 24 months after performing the initial inspection that is specified 
for airplanes in paragraphs (f)(1) and (g) of this AD. We considered 
the safety issues and the recommendations of the manufacturer and have 
determined that a 24-month interval after performing the initial 
inspection will ensure an acceptable level of safety.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD with the change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 915 airplanes worldwide, and 400 airplanes of 
U.S. registry. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                Average labor                      Cost per
            Action               Work hours     rate per hour       Parts          airplane         Fleet cost
----------------------------------------------------------------------------------------------------------------
Inspection of flame arrestor                5             $80            None  $400, per         $160,000, per
 presence/position.                                                             inspection        inspection
                                                                                cycle.            cycle.
Replacement..................               3              80         $25,004  $25,244.........  \1\
                                                                                                  $10,097,600.
----------------------------------------------------------------------------------------------------------------
\1\ The parts manufacturer states that it may cover the cost of replacement parts associated with this AD for
  certain affected airplanes, subject to warranty conditions. As a result, the costs attributable to this AD may
  be less than stated above.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

[[Page 7575]]

See the ADDRESSES section for a location to examine the regulatory 
evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2007-04-16 Boeing: Amendment 39-14948. Docket No. FAA-2005-20351; 
Directorate Identifier 2003-NM-269-AD.

Effective Date

    (a) This AD becomes effective March 23, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 767-200, -300, -300F, 
and -400ER series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from reports that certain fuel boost pumps 
may not have flame arrestors installed in the pump shaft and reports 
that the pin that holds the flame arrestor in place can break due to 
metal fatigue. We are issuing this AD to prevent the possible 
migration of a flame from a main tank fuel boost pump inlet to the 
vapor space of that fuel tank, and consequent ignition of fuel 
vapors, which could result in a fire or explosion.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection for Presence/Position of Flame Arrestor in Main Tank Fuel 
Boost Pumps

    (f) For airplanes having line numbers (L/Ns) 1 through 914 
inclusive, except as provided by paragraph (h) of this AD: Within 
365 days after the effective date of this AD, do a detailed 
inspection of each main tank fuel boost pump to determine if the 
pump shaft flame arrestor is installed, a measurement of the flame 
arrestor's position in the pump, and all applicable corrective 
actions, by accomplishing all the actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 767-
28A0077 (for Model 767-200, -300, and -300F series airplanes) or 
Boeing Alert Service Bulletin 767-28A0081 (for Model 767-400ER 
series airplanes), both Revision 1, both dated July 8, 2004, as 
applicable. Repeat the measurement of the flame arrestor's position 
in the pump thereafter at intervals not to exceed the applicable 
time specified in paragraph (f)(1) or (f)(2) of this AD, until the 
replacement required by paragraph (i) of this AD is accomplished. 
All applicable corrective actions must be done before further 
flight.


    Note 1: Any inspection/measurement of the pumps on the left and 
right main fuel tanks may be done separately provided that the 
actions are done on all pumps within the compliance time specified 
in paragraph (f) of this AD.

    (1) For airplanes that have accumulated more than 15,000 total 
flight hours as of the date the initial actions are done in 
accordance with paragraph (f) of this AD: Repeat the measurement 
thereafter at intervals not to exceed 6,000 flight hours or 24 
months, whichever comes first.
    (2) For airplanes that have accumulated 15,000 total flight 
hours or fewer as of the date the initial actions are done in 
accordance with paragraph (f) of this AD: Do the measurement 
specified in paragraph (f) of this AD within 365 days after the date 
on which the airplane accumulates 15,000 total flight hours or 
within 24 months after performing the initial inspection required by 
paragraph (f) of this AD, whichever occurs later. Repeat the 
measurement thereafter at intervals not to exceed 6,000 flight hours 
or 24 months, whichever comes first.


    Note 2: Boeing Alert Service Bulletins 767-28A0077 and 767-
28A0081 reference Hamilton Sundstrand Service Bulletin 5006003-28-2, 
dated October 25, 2002, as an additional source of service 
information for accomplishment of the inspection and corrective 
actions. Although the Hamilton Sundstrand service bulletin specifies 
to return main tank fuel boost pumps with damaged, broken, or out-
of-position flame arrestors to a repair shop, that action is not 
required by this AD.


    Note 3: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''


    (g) For airplanes having L/Ns 915 and on, except as provided by 
paragraph (h) of this AD: At the applicable time specified in 
paragraph (g)(1) or (g)(2) of this AD, do a detailed inspection of 
each main tank fuel boost pump to determine if the pump shaft flame 
arrestor is installed, a measurement of the flame arrestor's 
position in the pump, and all applicable corrective actions, by 
accomplishing all the actions specified in the Accomplishment 
Instructions of Boeing Alert Service Bulletin 767-28A0077 (for Model 
767-200, -300, and -300F series airplanes) or Boeing Alert Service 
Bulletin 767-28A0081 (for Model 767-400ER series airplanes), both 
Revision 1, both dated July 8, 2004, as applicable. Repeat the 
measurement of the flame arrestor's position in the pump thereafter 
at intervals not to exceed 6,000 flight hours or 24 months, 
whichever comes first, until the replacement required by paragraph 
(i) of this AD is accomplished. All applicable corrective actions 
must be done before further flight.


    Note 4: Any inspection/measurement of the pumps on the left and 
right main fuel tanks may be done separately provided that the 
actions are done on all pumps within the compliance time specified 
in paragraph (g) of this AD.


    (1) For airplanes that have accumulated more than 15,000 total 
flight hours as of the effective date of this AD, do the actions 
within 365 days after the effective date of this AD.
    (2) For airplanes that have accumulated 15,000 total flight 
hours or fewer as of the effective date of this AD, do the actions 
within 365 days after the date on which the airplane accumulates 
15,000 total flight hours.

Optional Terminating Action--Records Review

    (h) For any period when the part number (P/N) of a main tank 
fuel boost pump installed on any airplane, as conclusively 
determined from a review of airplane maintenance records, is P/N 
5006003D, no further action is required by paragraphs (f), (g), and 
(i) of this AD for that pump only.

Replacement of the Main Tank Fuel Boost Pumps

    (i) Within 36 months after the effective date of this AD, 
replace the left and right main tank fuel boost pumps with new or 
modified pumps in accordance with the Accomplishment Instructions of 
Boeing Alert Service Bulletin 767-28A0088 (for Model 767-200, -300, 
and -300F series airplanes) or Boeing Alert Service Bulletin 767-
28A0089 (for Model 767-400ER series airplanes), both dated February 
24, 2005, as applicable. Accomplishment of the replacement 
terminates the repetitive measurement requirements of paragraphs (f) 
and (g) of this AD for that pump only.


    Note 5: Any replacement of the pumps on the left and right main 
fuel tanks may be done separately provided that all pumps are 
replaced within the compliance time specified in paragraph (i) of 
this AD.


    Note 6: Boeing Alert Service Bulletins 767-28A0088 and 767-
28A0089 reference Hamilton Sundstrand Service Bulletin 5006003-28-3, 
dated December 8, 2004, as the appropriate source of service 
information for modifying the pump.

Inspections Accomplished According to Previous Issue of Service 
Bulletin

    (j) Inspections accomplished before the effective date of this 
AD in accordance with Boeing Alert Service Bulletin 767-28A0077, 
dated March 6, 2003; or Boeing Alert Service

[[Page 7576]]

Bulletin 767-28A0081, dated March 6, 2003; are considered acceptable 
for compliance with the corresponding action specified in paragraphs 
(f) and (g) of this AD.

Parts Installation

    (k) As of the effective date of this AD, only main tank fuel 
boost pumps identified in paragraphs (k)(1) and (k)(2) of this AD 
may be installed on any airplane.
    (1) Any main tank fuel boost pump that has been inspected, and 
on which all applicable corrective actions have been performed, in 
accordance with paragraph (f) or (g) of this AD.
    (2) Any main tank fuel boost pump having P/N 5006003D.

Alternative Methods of Compliance (AMOCs)

    (l)(1) The Manager, Seattle Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Material Incorporated by Reference

    (m) You must use the applicable service bulletin specified in 
Table 1 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approved the incorporation by reference of these documents 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, 
for a copy of this service information. You may review copies at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, S.W., Renton, 
Washington; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

                                  Table 1.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
      Boeing alert service bulletin                Revision level                          Date
----------------------------------------------------------------------------------------------------------------
767-28A0077..............................  1............................  July 8, 2004.
767-28A0081..............................  1............................  July 8, 2004.
767-28A0088..............................  Original.....................  February 24, 2005.
767-28A0089..............................  Original.....................  February 24, 2005.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on February 5, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-2644 Filed 2-15-07; 8:45 am]
BILLING CODE 4910-13-P